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I have been divorced since March, 2000 with full custody of my then 6 yr. old. Support payments were ordered and are garnished from my ex's civil service earnings. The original order read that support continues until age 18. My son will turn 18 this September (2010) but will not finish highschool until June 2011. I read that in this state (GA) support is to continue till age 18 no older than 20 or until that child finishes highschool. My question is since my lawyer did not stipulate only other than age 18 do I have to go back to court to maintain his support until he graduates June 2011?

thank you

Asked on 5/13/10, 9:40 am

1 Answer from Attorneys

Georgia does NOT require support after age 18. It allows it under that condition if the judge so orders. You may be able to do a modification but the catch is that in most courts it may not be decided until it is moot, and it may cost a great deal to pursue, unless he agrees.

The issue is not your lawyer not doing it. The judge had to do it. The lawyer could have REQUESTED it. Depending on the situation which we don't know that may or may not have been appropriate.